Embed Size (px)
Citation preview
LAW
ON PREVENTION OF DOPING IN SPORTS
(“Official Bulletin of RS”, no. 111/2014)
I. INTRODUCTORY PROVISIONS
Article 1
This Law prescribes measures and activities in prevention of doping in sports.
Article 2
Doping in sports is banned.
Doping in sports, in the sense of this Law, is existence of one or more anti-doping rule
violations prescribed by the Article 3 of this Law.
Article 3
Violation of anti-doping rule occurs in the following cases:
1) Presence of a Prohibited Substance or its Metabolites or Markers in an
Athlete’s Sample;
2) Use or attempted use (application, intake, injection or consumption in any
possible way) of a Prohibited Substance or a Prohibited Method (hereinafter:
means of doping);
2
3) Evading Sample collection, or without compelling justification refusing or
failing to submit to Sample collection after notification about doping control
or avoiding to provide a sample in any other way;
4) Whereabouts Failures – Any combination of three failures to fulfill obligations
determined by the rules of the competent anti-doping organization regarding
availability of an athlete from the registered testing pool for testing out-of-
competition, as well as non-providing of data on residence and failure to
attend testing out-of-competition, within a period of time prescribed by the
competent anti-doping organization;
5) Tampering or Attempted Tampering of any part of doping control;
6) Unauthorized possession of a Prohibited Substance or a Prohibited Method;
7) Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited
Method - Unauthorized selling, transport, shipment, delivery or distribution of
doping substance or doping method (either done physically, electronic or in
some other way) by an athlete, individuals assisting and athlete or through
third party, to any individual who is under jurisdiction of some organization in
the field of sports, i.e., attempt of such action;
8) Administration or Attempted Administration of doping substances;
9) Complicity - Assisting, encouraging, aiding, abetting, conspiring, covering up
or any other type of intentional complicity involving an anti-doping rule
violation, Attempted anti-doping rule violation or violation of imposed
measure for violation of anti-doping rule;
10) Prohibited Association - Association by an Athlete or other Person subject to
the authority of an competent anti-doping organization in a professional or
sport-related capacity with any individuals assisting an athlete during imposed
measure due to violation of anti-doping rule or sentenced or fined in criminal,
misdemeanor or any other proceedings for actions representing violation of
anti-doping rule in the sense of this Law, if ongoing or is within 6 years from
3
the date the sentence/fine was imposed, or with an individual acting as
intermediary or representative of such individual.
Violations of anti-doping rules from the paragraph 1, points 1), 2), 6), 7) , 8) and 9) of
this Article do not exist in case of approved therapeutic use exemptions.
As individuals assisting an athletes in the sense of this Law are understood to be tutors,
coaches, managers, agents, team staff, officials, health workers and health associates and
other staff working or treating athletes participating in or preparing for sports
competition.
Article 4
Term “Competent Anti-Doping Organization”, in the sense of this Law, refers to the
Anti-Doping Agency of the Republic of Serbia (hereinafter: Anti-Doping Agency), the
World Anti-Doping Agency and the competent international and national sport
associations (International Olympic Committee, International Paralympic Committee,
international sports federation, Olympic Committee of Serbia, Paralympic Committee of
Serbia, Serbian Sports Federation, national branch sports association).
Competent Anti-Doping Organization from the Paragraph 1 of this Article in accordance
to the Law collects, preserves and performs other actions for processing personal data of
an athlete or other individual under jurisdiction of the Competent Anti-Doping
Organization (name & surname, sex, date of birth, citizenship, number of a personal
document serving as an athlete’s identification during the doping control, address of
permanent and temporary residence, contact phone number, e-mail address, branch of
sport or sports activity in which an individual competes, name of a club where sport
activities are performed, athlete’s photography), including processing of specifically
4
sensitive data (health condition of an athlete, used medical means), and transfers to other
competent anti-doping organizations personal data of an athlete or other individual under
jurisdiction of the Competent Anti-Doping Organization required for doping control, and
approves exemptions for therapeutic use and sanctions an athlete or other individual for
violation of anti-doping rule, all in accordance to this Law.
Anti-Doping Agency and the competent national sports federation may, in accordance to
the Law, make available data from Paragraph 2 of this Article to the competent foreign
anti-doping оrganizations if this is needed for:
1) approval of therapeutic use exemptions;
2) planning, coordination in conducting doping control of an athlete;
3) providing od information on conducted doping control and determination of
responsibility for violation of anti-doping rules.
In the case referred to in Paragraph 3, Point 1) of this Article, only data necessary for
approval of therapeutic use exemptions and in accordance to the Article 14 of this Law
may be provide, with proviso that for providing of data explicit consent of an athlete is
required.
In the case referred to in Paragraph 3, Point 2) of this Article, only data needed for
identification of an athlete and for conducting of doping control in accordance to
international standards determined by the World Anti-Doping Agency may be provided.
Anti-Doping Agency and competent national sports association are obliged in cases
referred to in Paragraph 3 of this Article to ensure this personal data not to come in
possession of an unauthorized person, as well as to refuse disclosure of the data if the
5
organization to which the data are to be provided does not guarantee adequate data
protection.
Protection personal and privacy data in the field of prevention of doping in sports is to be
achieved in accordance to the provisions of this Law and the Law governing personal
data protection.
Processing of data on health condition of an athlete and use of medical means is not
conditional upon the consent of an athlete. If an athlete from registered testing group of
the Article 13, Paragraph 1 of this Law notify competent anti-doping organization of the
Article 13, Paragraph 3 of this Law that he is available for doping control out of
competition in his residence, such is treated as his/her voluntary acceptance for control to
be done in his residence, in a manner that ensures respect of his/her privacy. Anti-
Doping Agency and competent national sports association may declare identity of an
athlete or other individual against the proceedings for violation of anti-doping rule is
initiated only upon notification of an athlete or other individual on violation they are
charged, as well as notification of the World Anti-Doping Agency and competent
international sports association.
Anti-Doping Agency publishes on its web site identity of an athlete or other individual,
unless it comes to a minor, for whom the violation of anti-doping rule is determined by
the first instance court decision or by the final court decision, providing that such
information is publicly available within a period of punishment, i.e., 30 days if such
period is less than 30 days. With name and surname of the punished individual also data
on branch of sport in which he/she is engaged, how he/she violated anti-doping rule,
banned substance or method used and imposed measure.
Data from Paragraph 2 of this Article are kept for ten years.
6
Article 5
Obligations determined by this Law are to be applied to all organizations in the field of
sports with headquarters in the territory of the Republic of Serbia or are conducting
activities in the territory of the Republic of Serbia.
Production and circulation of banned doping substances that comprise narcotics are
conducted in accordance to the Law.
Obligations determined by this Law are to be applied accordingly on the doping of
animals participating in sports competitions.
II. MEASURES FOR PREVENTION OF DOPING IN SPORT
Article 6
Athletes and other participants in carrying out of sport activities and operations, in the
sense of this Law with which this field of sport is regulated, are obliged to allow and
enable conducting of doping control.
To the athlete who refuses, does not attend, avoids or makes doping control impossible,
will be imposed a measure due to the violation of anti-doping rules in the same manner
as if he/she turned positive at the doping test, and in case of such attempt, measure can be
imposed even if the doping test gave negative result.
7
Athlete has to notify the physician who treats him/her about his/her obligation not to use
doping substances and to make sure that any medical therapy received does not comprise
doping substances.
Professional education and specialization of experts in sports in accordance to this Law
with which this field of sport is regulated mandatory cover contents related to prevention
of doping in sports.
Article 7
Anti-Doping Agency regulates, determine, organize and conduct doping control at the
sports competitions and out of sports competitions, except the ones that are to be
conducted by the competent international association at the international competitions
organized in the Republic of Serbia.
Rules of the Anti-Doping Agency must be in accordance to the Law on Ratification of
the European Convention on Prevention of Doping in Sports (“Official Bulletin of the
SFRY – International Contracts”, no. 4/91), Law on Ratification of International
Convention against Doping in Sports (“Official Bulletin of the Republic of Serbia –
International Contracts”, no. 38/09), the World Anti-Doping Code and International
standards approved by the World Anti-Doping Agency.
Doping control is a process that comprises planning of testing schedule, selection of
athletes to be tested, collecting and handling of samples, laboratory analysis, conducting
of results, searches and appeals.
Doping control is to be organized and conducted in such manner that any possibilities of
sample replacement or manipulation of any kind are to be made impossible.
8
Doping control can be organized either in-competition or out-of-competition, announced
or non-announced.
Doping control is to be conducted by taking of samples of urine and blood or by
application of any other authorized technique for detection of banned substances and
methods.
Article 8
Doping control can be conducted only by the authorized and qualified controllers, i.e., by
the person who possesses authorization card issued by the Anti-Doping Agency or
recognized by the Agency as equivalent.
Article 9
Anti-Doping Agency appoints organization in which analysis of doping samples of
athletes is to be conducted, i.e., of the animal participating in competition.
Organization that conducts doping analysis must possess valid homologation issued by
the competent international body or organization (World Anti-Doping Agency), and in a
process of doping control taken samples must be stored, handled and analyzed in
accordance to the provisions of this Law and corresponding international standards
approved by the World Anti-Doping Agency.
Election of organization from Paragraph 1 of this Law is to carried out in accordance to
the Law with which public procurement is regulated.
9
Article 10
National sports association from the Article 4 of this Law is obliged:
1) by sports rules to determine disciplinary measures and regulate a procedure
for sentencing in cases of determined violation of anti-doping rule, in
accordance to the Law, and to ensure that in the procedure of sentencing the
individuals responsible for doping their personal dignity and right to
appropriate legal protection are respected (respect of privacy, timely search,
guaranteed right to make legal statement, fair and impartial body that conducts
search, right to legal representative on personal expense, inspection of
evidence, filing an evidence, standards in respect of proving doping, on time
information, on time, written and justified decision, right to appeal, etc.);
2) to ensure, within the scope of responsibilities of the association, for athletes,
coaches and other individuals determined as responsible for doping to be
sentenced by the appropriate disciplinary measures, in accordance with this
Law and rules of the competent anti-doping agency;
3) not to recognize a sports result achieved by athlete under the influence of
doping;
4) not to allow participation in the sports event to athlete, coach and other
individuals within the competence of a national sports association, who has
been sanctioned by measure due to the doping, or sentenced, in accordance to
this Law, for the criminal offense or misdemeanor;
5) to issue a program of anti-doping activities and deliver it to the Anti-Doping
Agency within 15 days;
6) To ensure constant individual medical monitoring of categorized athletes, and
for this purpose to deliver necessary acts and take concrete measures;
10
7) by the appropriate general acts and in partnership with anti-doping agencies to
ensure that members of the association, and especially sports experts and
registered athletes of all ages continuously, and at least once per annum,
notify and educate about current rules related to doping in sports and on
adverse health effects when doping substances are used;
8) by appropriate general acts to ensure that members of the association respect
obligations deriving from application of measures for prevention of doping in
sport;
9) To determine responsible person for supervision over the process of carrying
out measures for prevention of doping;
10) at least 21 days prior to the competition it is organizing, or that is under its
control, report the competition to the Anti-Doping Agency, as well as at least
until the end of current year deliver to the Andi-Doping Agency calendar of
competitions for the next year;
11) at least once in six months to notify the Anti-Doping Agency about planning
of training and preparation of top athletes and national teams;
12) to deny partially or fully financing of athletes, sport organizations and other
individuals who do not comply with applicable anti-doping rules;
13) To control anti-doping programs of its members, as well conducting of such
programs;
14) at the end of year to notify ministry competent for sport affairs and the Anti-
Doping Agency about taken measures for battle against the doping in that
particular year;
15) in sports in which the animals are competing, to determine and conduct anti-
doping rules for animals that participate in such sport, all in accordance to the
rules of the Anti-Doping Agency and competent international sports
association;
11
16) not to allow conducting of any sport activity or any function within the
competence of the association to individual who is, in accordance with this
Law, sanctioned with measure for violation of anti-doping rule or criminal
offence or misdemeanor, for the duration of measure, i.e., sanction;
17) on semi-finals and finals of national championships, as well as on play-off
semi-finals and finals of national competitions to organize doping control in
accordance to this Law, and to bear the costs of conducting doping control;
18) to promote the values of sport ethics, fair play and health of athletes.
National sports association which does not respect obligations from the paragraph 1 of
this Article cannot receive funds obtained from public revenues.
The provisions of Paragraph 1, Points 2), 3), 4), 5), 7), 8), 9), 10), 17) and Paragraph 2 of
this Article shall accordingly be applied to other sports associations, sports federations,
sports organizations and professional sports affiliations.
Sport rules of national sports associations of Paragraph 1, Point 1) of this Article must be
in accordance to the regulations of the World Anti-Doping Code and competent
international sports associations.
The Anti-Doping Agency shall decide on the appeal to the measure from Paragraph 1,
Point 2) of this article imposed by national sports association, except if in accordance to
the Law competence of international sports arbitration is determined, i.e., contracted.
In case that competent national sports association does not impose measuer of Paragraph
1, Point 2) of this Article within four months from filing of the report for made violation
of anti-doping rule, responsibility of an individual who made such violation of anti-
doping rule is to be determined by the Anti-Doping Agency.
12
Article 11
Competent sports association is obliged to, within 15 days from the date of entry into
force of sports rules with which the measures for prevention of doping in sports of the
Article 10, Paragraph 1 of this Law are determined, i.e., amendments and supplements
thereof, deliver a copy of this rules to the Ministry authorized for sport affairs and to the
Anti-Doping Agency.
Article 12
Competent sports association, sports organization responsible for league sports
competition, organizer of sports competition, i.e., athlete participant of sports competition
may propose to the Anti-Doping Agency to carry out the particular in-competition or out-
of-competition control of certain teams, training groups or individual athletes with
bearing costs for such doping control.
Article 13
Subjects to the out-of-competition control are athletes who are designated as Olympic
candidates, top athletes and other categorized athletes, athletes of an international
ranking, athletes who wish to continue sports career after expiry of ban to participate in
competition due to the doping, as well as other categories of athletes determined by the
Anti-Doping Agency (registered testing pool).
Out-of-competition control is to be carried out:
1) on the basis of a periodical plan of control;
13
2) on the basis of the special resolution issued by the Anti-Doping Agency;
3) on official request of the Ministry competent for sports affairs;
4) on the justified proposal of an athlete, his/her sports organization or competent
national sports association, with bearing costs of doping control.
Athletes who are subjected to out-of-competition control in accordance to the Paragraph
1 of this Article, are obliged to notify on a regular basis the Anti-Doping Agency and the
authorized person in competent national sports association on any change of residence
and time and place of training, all in accordance to regulations of the Anti-Doping
Agency of Article 7, Paragraph 1 of this Law.
All participants in doping control are obliged to keep as confidential gathered data from
the paragraph 3 of this Article and can use it for the purpose of planning, coordinating
and carrying out of testing only.
Article 14
Physician who, during the examination of an athlete for the purpose of issuing sports
medical report, i.e., determination of general and special medical fitness for sports
activities and participation in competitions, in accordance to the Law regulating the field
of sports, finds suspicious that an athlete has been using doping substances, is obliged to
notify the Anti-Doping Agency about it.
Physician who prescribes to athlete banned doping substances for the purpose of
treatment is obliged to inform the athlete about it if he/she advised about his/her sports
activites.
Article 15
14
Athlete can request from the Anti-Doping Agency to exempt him/her from ban to use
doping substances, in case that there is a obvious and necessary medical need.
Anti-Doping Agency determines rules for granting of therapeutic use exemptions, in
accordance to the International standards for process of granting of therapeutic use
exemptions approved by the World Anti-Doping Agency.
The Anti-Doping Agency makes a decision on granting of therapeutic use exemptions in
accordance to International standards of Paragraph 2 of this Article.
Article 16
Disciplinary measures to be imposed due to the violation of anti-doping rules are the
following:
1) disqualification of sport results;
2) temporary suspension;
3) ban to participate in-competition;
4) ban to perform functions in the field of sports;
5) other measures determined by the World Anti-Doping Code and sports rules
of competent national and international sports associations.
To the individual responsible for violation of anti-doping rule, measures of Paragraph 1
of this Article are to be imposed in accordance to sports rules of competent national
sports associations.
15
Measures of Paragraph 1, Points 3)-5) of this Article are not going to be imposed if an
individual accused for violation of anti-doping rule proves that he/she is not guilty, i.e.,
that there was no intent or negligence in his/her conduct.
Article 17
No individual sanctioned with measure for violation of anti-doping rule cannot, for the
duration of imposed measure, participate in any capacity in any sport, sports
manifestation or in activities (except in the authorized programs of anti-doping education
and rehabilitation) under the jurisdiction of authorized anti-doping organizations, as well
as in the ones organized or allowed to be organized in the field of sports in the Republic
of Serbia, except if it is differently determined by regulations of the World Anti-Doping
Code and competent international sports associations.
Ban from Paragraph 1 of this Article includes also ban to conduct any other activity, i.e.,
function or membership in working bodies of organizations in the field of sports in the
Republic of Serbia.
Article 18
Persons for which is determined that they are responsible for doping are liable for the
damage occurred towards other persons in accordance to the general rules of liability for
damage.
Article 19
Athlete or expert in the field of sports, for whom is determined that he/she is responsible
for doping, over the period of duration of the measure lose status belonging to him/her in
16
accordance to the national categorization of athletes, i.e., national categorization of
experts in the Field of Sports.
III. ANTI-DOPING AGENCY
Article 20
Anti-Doping Agency operates as an institution, in accordance with the regulations of
public services, unless this Law provides otherwise.
Funding for the work of Anti-Doping Agency is provided from:
1) the budget of the Republic of Serbia;
2) donations, contributions and sponsorships of domestic and foreign legal entities
and individuals;
3) other sources, in accordance to the Law.
Article 21
Anti-Doping Agency conducts sports activities related to prevention of doping in sports,
in particular:
1) takes measures to reduce doping in sports and, on a long term basis, elimination
from sports;
2) explains what certain term related to the problem of doping in sports means;
3) ensures the provision of necessary equipment for the analysis of doping samples
and required means for doping control;
4) implements insight in organization and carrying out of doping control at
international competitions held in the Republic of Serbia;
5) determines annual plan of doping control that has to be carried out;
17
6) issues the official bulletin;
7) implements international professional cooperation with regard to the issues
related to prevention of doping in sports and concludes agreements on testing;
8) implements cooperation with government and non-government organizations as
interested parties in relation to prevention of doping in sports and damaging
health of athletes by use of doping;
9) organizes educational and other campaigns against doping in sports;
10) informs public on activities undertaken against doping in sports, including
organization of Internet presentation (site) at which general acts and decisions
issued by bodies of the Anti-Doping Agency are published, as well as decisions of
violation of anti-doping rules, with translation in Serbian language, of competent
international anti-doping organizations related to citizens of the Republic of
Serbia;
11) gives recommendations and advices for undertaking measures by the state
authorities and organizations in the field of sports for the purpose of prevention
doping in sports;
12) organizes researches, consultations, seminars, round tables and issues publications
on matter related to the battle against doping in sport;
13) follows up and gathers information related to legal and other measures that are
taking place in other countries and international organizations in order to battle
doping in sports;
14) follows up and gathers information on measures taken by the state authorities and
organizations in the field of sports in order to battle doping in sports;
15) determines appearance of a stamp with sign “DOPING FREE” that is to be put on
tested products containing food supplements, and procedure for issuing of such
stamp, as entrusted job;
16) conducts other operations related to battle against doping in sports, in accordance
to the Law.
18
Procurement of means for doping control from Paragraph 1, Point 3) of this Article is
conducted in accordance to the Law that regulates such public procurements.
For public service of doping control, conducting of procedure for determination of
responsibility for violation of anti-doping rule and issuance of stamp with sign “DOPING
FREE”, user of such services pays fee to the Anti-Doping Agency, all in accordance to
the Law.
Article 22
Anti-Doping Agency establishes, at least on annual basis, the List of Banned Doping
Substances for Athletes and the List of Banned Doping Substances for Animals
(reference list of banned pharmacological classes of doping substances and doping
methods), in accordance to the European Convention on Prevention of Doping in Sports
and to the international standards for the list of prohibited doping substances approved by
the World Anti-Doping Agency and sport regulations of competent international sports
associations in the field of sport where animals are participants.
The List of Prohibited Doping Substances is to be published in the “Official Bulletin of
the Republic of Serbia”.
Anti-Doping Agency conducts operations from the paragraph 1 of this Article as
entrusted.
Article 23
19
Bodies of the Anti-Doping Agency are: Managing Board and Director.
Members of the Managing Board and Director, as well as members of the Anti-Doping
Committee are appointed for the period of four years.
Article 24
Managing Board of the Anti-Doping Agency has 15 members, appointed as follows:
1) Five members appointed by the minister authorized for the affairs in the field
of sports;
2) Two members appointed by the minister authorized for the affairs in the field
of health care;
3) Four members appointed by the Olympic Committee of Serbia;
4) Three members appointed by the Sports Federation of Serbia;
5) One member appointed by the Supreme Court of Serbia;
Members of the Managing Board elect the President among themselves, in accordance to
the Statute.
Members of the Managing Board are to be appointed exclusively from the list of top
athletes and distinguished experts in profession significant for prevention of doping in
sports (experts in the field of sport medicine, toxicology and pharmacology, legal experts
for the problem of doping and law in sports, experts in the field of clinical biochemistry,
experts in the field of biomechanics, first class sport experts).
The Managing Board may make a decision if majority out of total number of members
attends the session.
20
The Managing Board makes a decision by majority of votes out of the total number of
members.
Article 25
The Managing Board:
1) passes a Statute of the Anti-Doping Agency;
2) enacts business plan;
3) enacts annual program of conducting doping control;
4) adopts financial plan;
5) adopts business report;
6) adopts annual financial statement;
7) determines organizations in which the analysis of doping samples is going to
be carried out;
8) appoints the professionals authorized for carrying out doping control (doping
controllers);
9) establishes the List of Banned Doping Substances for Athletes and the List of
Banned Doping Substances for Animals;
10) appoints the Director and members of Anti-Doping Committee;
11) determines amount of fees from the Article 21, Paragraph 3 of this Law, all in
accordance to the law;
12) delivers general acts;
13) delivers operating procedure;
14) delivers act on internal organization and systematization of positions;
15) appoints the Director of Anti-Doping Agency;
16) conducts other affairs determined by the law and statute.
21
Decisions from the paragraph 1, points 1), 4), and 6) of this Article are to be delivered
with prior approval from the ministry competent for the affairs in the field of sports.
Article 26
The Anti-Doping Agency determines responsibility for violation of anti-doping rule and
makes decisions on appeals, in cases from the Article 10, Points 5) and 6 of this Law,
through the Anti-Doping Committee.
Anti-Doping Committee has a President and eight members.
Anti-Doping Committee is professional working body of the Anti-Doping Agency
independent when making decisions, and its members have to be distinguished experts in
fields from the Article 24, Paragraph 3 of this Law.
Anti-Doping Committee makes decisions in individual cases, through the Trial Chamber
and the Appeal Chamber for anti-doping misdemeanors, consisting of three members.
Members of the Trial Chamber and the Appeal Chamber for anti-doping misdemeanors
appoints the President of Anti-Doping Committee. For the President of Trial and Appeal
Chamber is to be appointed a member of the Anti-Doping Committee who possesses
gained higher education from the related field of legal science at the second degree
studies (Master-Academic Studies, Specialist Academic Studies, Specialist Professional
Studies), i.e., with completed basic studies in duration of at least four years.
22
In the procedure of determining responsibility for violation of an anti-doping rules the
principles foreseen in the Article 10, Paragraph 1, Point 1) of this Law have to be
respected.
Procedure for determination of anti-doping rule violation is to be performed in
accordance with the World Anti-Doping Code, international standards of doping control
approved by the World Anti-Doping Agency and regulations of the Anti-Doping Agency,
unless determined otherwise by this Law.
Procedure before Anti-Doping Committee is urgent and is to be performed without delay
and with minimal costs.
There is no standstill in the procedure before Anti-Doping Committee.
Procedure before Anti-Doping Committee is to be conducted in Serbian language, with
proviso that an athlete or other individual suspected for breach of anti-doping rule has a
right on authorized interpreter, on his/her own expense.
Article 27
Procedure before Anti-Doping Committee is to be initiated with charge, i.e., appeal that
may be submitted by:
1) Director of Anti-Doping Agency;
2) competent international sports association;
3) World Anti-Doping Agency;
4) sports organization to which an athlete or other individual belongs;
5) organizer of sports competition at which the doping control was performed;
6) competent national sports association;
23
7) owner of doped animal;
8) athlete or other individual for whom there is suspicion that he/she made violation
of anti-doping rule, i.e., who was sentenced for violation of anti-doping rule.
Charges are to be brought against individual for whom there is reasonably doubt that
he/she made violation of anti-doping rule.
Appeal to the first instance decision in the procedure of determination responsibility for
violation of anti-doping rule is to be submitted to the Anti-Doping Committee, when it is
prescribed by this Law, within 21 days from the date of delivery of the decision.
Costs of procedure shall be borne by the individual who has committed violation of anti-
doping rule.
Article 28
The Director of Anti-Doping Agency is appointed and discharged by the Managing
Board.
For the Director of Anti-Doping Agency may be appointed an individual possessing
university level high professional education and who fulfills requirements determined by
the Article 24, Paragraph 3 of this Law for members of the Managing Board.
Director:
1) represents the Anti-Doping Agency;
2) organizes and manages the operations of Anti-Doping Agency;
3) implements decisions of the Managing Board and undertakes measures for
their implementation;
24
4) takes care about legality of Anti-Doping Agency operations and is responsible
for legality of such operations;
5) proposes the program of operations;
6) conducts other affairs determined by the Law and Statute.
Article 29
The Managing Board of the Anti-Doping Agency holds meetings at least twice a year,
and compulsory whenever there is request to convene a meeting from majority of
members, minister competent for the sports affairs, minister competent for health issues,
Chairman of the Olympic Committee of Serbia or President of Sports Association of
Serbia.
After every session the Managing Board delivers the report on adopted decisions to every
body or organization that has its representative in the Managing Board, as well as to the
national sports associations from the Article 4 of this Law.
Article 30
The Managing Board may invite any interested organization in the field of sports to have
its observer on one or more sessions.
Article 31
The Anti-Doping Agency is interdependent in its work.
For conducting respective professional operations from its competence the Anti-Doping
Agency may hire other legal entities and individuals, domestic or foreign.
25
Article 32
Anti-Doping Agency is obliged to notify the ministry responsible for affairs in the field
of sports on performed doping control not later than three day after the control is done.
Article 33
General acts of the Anti-Doping Agency are: Statute, Regulations and other acts with
which certain issues are determined in general.
Statute is the basic general act of the Anti-Doping Agency.
Statute is made of provisions covering:
1) operations of the Anti-Doping Agency;
2) authorized bodies and their responsibilities;
3) representation;
4) rights, obligations and responsibilities of the employees;
5) other issues significant for work of the Anti-Doping Agency.
Statute and general acts of Anti-Doping Agency that regulate ban on doping substances
of the Article 22, Paragraph 1 of this Law and procedure of issuing of stamps from the
Article 21, Paragraph 1, Point 15) of this Law, are to be published in the “Official
Bulletin of the Republic of Serbia”, free of charge.
Article 34
26
Anti-Doping Agency submits a report on its operation at least twice a year to the ministry
competent for sport affairs.
IV. SUPERVISION
Article 35
Supervision on application of this Law and regulations made on the basis of this Law,
supervision on performing entrusted operations in accordance to this Law and inspection
is to be done by the ministry competent for affairs in the field of sports.
Inspection on application of this Law and regulations made on the basis of this Law, is to
be conducted through sport inspectors by the ministry competent for affairs in the field of
sports.
Organizations and individuals (athletes, sport experts, etc.) in the field of sports are
obliged to enable inspector to carry out supervision.
Article 36
Sport inspector has the right and obligation during the inspection to:
1) control if organizations or individuals in the field of sports undertake activities
for prevention of doping in accordance to the Law and sport regulations;
2) control if doping control measures imposed by the competent organizations
and individuals are undertaken in accordance to the Law;
3) control if the orders made while conducting supervision are carried out;
27
4) undertake other measures and actions for which he/she is authorized by the
Law.
Article 37
When performing inspection, sport inspector is authorized to:
1) establish an identity of a person who use doping or participate in doping of an
athlete;
2) temporary take away evidence, documents and other means significant for
establishing facts and temporary takes away banned doping substance;
3) impose ban on participation in-competition to the athlete who, due to violation
of anti-doping rule, has ongoing ban to participate in-competition or other
activities in the field of sports, in accordance to this Law;
4) impose ban on performing tasks in organization in the field of sports or
performing activities with athletes to the individual sanctioned with measure
of ban of performing tasks in the field of sports due to participation in
athlete’s doping;
5) order that determined irregularities and defects are to be eliminated within the
certain period of time and, if failed to be carried out, to be done within the
additional time limit;
6) request from Anti-Doping Agency conducting of doping control in case when
during his/her inspection possible case of doping is suspected;
7) temporary ban performance of activities to organization in the field of sports,
until the reason for ban is being eliminated – if the organization: prevents
inspection to the inspector; does not deliver by the Law prescribed acts (sports
regulations) related to doping or if they are not in accordance to the World
28
Anti-Doping Code; does not carry out order given during the inspection or
does not conduct measures imposed due to violation of anti-doping rules;
8) bring charges to the competent body for committed criminal offence or to
submit request for setting in motion of misdemeanor proceedings;
9) undertake other measures and actions for which he/she is competent by the
Law and other regulations.
Decisions of a sport inspector made while performing inspection from the paragraph 1 of
this Article, are final in the administrative proceedings.
V. CRIMINAL PROVISIONS
1. Felonies
Enabling the Use of Doping Substances
Article 38
One who, for the purpose of doping in sports, gives or prescribes or applies on athlete
doping substance or lead, assist or in any other way enable an athlete to use doping
substance, shall be sanctioned with imprisonment in duration from 6 months to 5 years.
If the criminal offence from Paragraph 1 of this Article is committed against a minor or
against several individuals, or caused particularly grave consequences, the offender shall
be sanctioned with imprisonment in duration from 2 to 10 years.
Doping substances are going to be deprived.
29
Unauthorized Production and Circulation of Doping Substances
Article 39
One who, for the purpose of doping in sports, manufactures, refines, sells or offers for
sale, or for the purpose of sale purchases, keeps, or distributes, or intervenes in sale or
purchase of doping substances, or on any other way puts in circulation doping substances
without authorization, is going to be sanctioned with imprisonment in duration from three
to twelve years.
One who, for the purpose of doping in sport, manufactures, acquires, possesses or
provides for use the equipment, material and substances for which he/she knows that are
intended for production or preparation of doping substances, is going to be sanctioned
with imprisonment from 6 months to five years.
Doping substances and means for their preparation are going to be deprived.
2. Misdemeanors
Article 40
National sports association, sports organization or other legal entity is going to be
sanctioned with fine from 400.000 to 1.000.000 RSD misdemeanor:
1) if legal entity prevents or attempts prevention of any part of doping control
without authorization to do so (Article 3, paragraph 1, point 5);
2) if legal entity sells, transports, sends, delivers or distributes doping substances
without authorization, either directly or through the third party, to any
30
individual in the field of sports, or attempts such conduct (Article 3, paragraph
1, point 7);
3) if legal entity attempts giving, or if prescribes or attempts prescription of
doping substances to an athlete (Article 3, Paragraph 1, Point 8);
4) if legal entity encourages, assists, supports, hides, creates conditions or
participates in any other way in violation or attempt of violation of anti-
doping rule, or in breaching of imposed ban on participation in sports (Article
3, Paragraph 1, Point 9);
5) if legal entity does not allow, i.e., does not enable conducting of doping
control (Article 6, Paragraph 1);
6) if the taken samples are not stored or handled or analyzed in accordance to the
provisions of this Law and corresponding international standards approved by
the World Anti-Doping Agency (Article 9);
7) if, within its competence, legal entity does not take measures and activities
determined by the Article 10, Paragraphs 1 and 3 of this Law;
8) if, within 15 days from the date of sports regulations coming into force, legal
entity does not deliver a copy of these regulations to the ministry competent
for sports affairs and to the Anti-Doping Agency (Article 11);
9) if legal entity enables to an individual, sanctioned for violation of anti-doping
rule, participation at sports competition or in activities related to sports, or
enables carrying out of some function, or being member in some body or
working body contrary to provisions from Article 17 of this Law;
10) if legal entity puts on a product stamp with sign “DOPING FREE” not issued
by Anti-Doping Agency (Article 21, Point 15);
11) if legal entity makes impossible to sport inspector performing of supervision
(Article 35, Paragraph 3);
12) if legal entity does not obey the order of a sport inspector (Article 37);
31
13) if legal entity does not put in accord its organization, operations or general
acts with provisions of this Law within given time limit (Article 43, Paragraph
1).
For violation from the paragraph 1 of this Article, the responsible individual in a national
sports association, i.e., sports organization as well as in the other legal entity is going to
be fined 50.000 to 150.000 RSD.
Article 41
Individual is going to be fined from 50.000 to 150.000 RSD for the following
misdemeanors:
1) if, as an athlete, he/she uses doping substances (Article 3, paragraph 1, point
2);
2) if he/she refuses or does not attend without convincing explanation giving of a
sample after notification or avoids giving a sample in any other way (Article
3, paragraph 1, point 3);
3) if, as an athlete from the registered testing pool, three consecutive times
he/she does not fulfill obligations determined by the regulations of the
competent anti-doping organization with regard to availability of testing out-
of-competition or he/she does not provide data on residence or fails to attend
announced testing out-of-competition, within period of time prescribed by the
authorized anti-doping organization (Article 3, Paragraph 1, Point 4 and
Article 13, Paragraph 3);
4) if he/she impedes any part of doping control (Article 3, Paragraph 1, Point 5);
5) if he/she teams up with the individual who is under sanctioned measure of ban
to participate in sports or against who is sanctioned for action representing
32
violation of anti-doping rule in the sense of this Law in criminal, disciplinary
or other proceedings, if such sanction is still ongoing or it has passed less then
6 years from the date of sentencing, or if he/she teams up with a person who is
agent or representative of such individual (Article 3, Paragraph 1, Point 10).
6) if he/she does not allow, i.e., fails to enable carrying out of doping control
(Article 6, Paragraph 1);
7) if he/she performs doping control though not authorized for such action
(Article 8);
8) if he/she fails to notify the Anti-Doping Agency about possibility that an
athlete has been under influence of doping (Article 14, paragraph 1);
9) if he/she fails to notify the athlete who told him/her about participation in
sports activities, that drug prescribed for the purpose o treatment contain
banned doping substances (Article 14, paragraph 2);
10) if he/she participates in sporting events or conducts activity in the field of
sports, or performs operations, i.e., is member of certain body or working
body as a part of an organization in the field of sports contrary to the
provisions of Article 17 of this Law;
11) if he/she makes impossible to sport inspector to carry out supervision (Article
35, Paragraph 3);
12) if he/she does not act properly in accordance to the order given by the sport
inspector (Article 37).
Article 42
With fine amounting from 50.000 to 150.000 RSD or with imprisonment in duration up
to 60 days an individual is going to be sanctioned if:
33
1) without authorization transports, sends, delivers and distributes banned doping
substances (either physically, electronically or by any other way), directly or
through third party, to any individual in the field of sports, or attempts such
conduct (Article 3, Paragraph 1, Point 7);
2) in any other way participate in violation or attempt violation of anti-doping rule or
in breaching of imposed ban to participate in sports (Article 3, Paragraph 1, Point
9).
VI. TRANSITIONAL AND CLOSING PROVISIONS
Article 43
Existing organizations in the field of sports are obliged to put in accord its organization,
operations and general acts with provisions of this Law within six months from the date
of its coming into force.
Anti-Doping Agency continues with its work, in accordance to this Law.
Anti-Doping Agency shall enact documents to which it is authorized by this Law within
two months from the date this Law comes into effect.
Article 44
Bylaws which were, as entrusted task, brought by Anti-Doping Agency on the basis of
authorization given in Law on Prevention of Doping in Sports (“Official Bulletin of RS”,
number 101/05), cease to be valid starting from January 1st 2015.
34
On the day this Law comes into force Law on Prevention of Doping in Sports (“Official
Bulletin of RS”, number 101/05) cease to be valid.
The Managing Board of the Anti-Doping Agency is obliged to, within seven days from
the date of its appointment, to make a statute of the Anti-Doping Agency and other acts
needed for registration of the Anti-Doping Agency in the Register and to appoint the
Director of the Anti-Doping Agency.
Article 45
This Law comes into force on the eight day from the date of publishing in the “Official
Bulletin of the Republic of Serbia”.
Provisions of Article 3, Paragraph 1, Point 9) and 10) of this Law are to be applied from
January 1st 2015.
